You’ll be surprised to learn that passengers can drink alcohol in a car in all 50 states. This is only true, however, if that car is parked on private property or operating on private property. In almost all other circumstances, it is illegal for a passenger to drink or even to have an open container of alcohol in the car.

Many states have different rules about drinking in a car, and depending on where you live you might be able to have an open container of alcohol in the trunk, have an open container in the passenger area, drink as the passenger, or even drink as the driver of the car.

State Laws about Alcohol in a Vehicle

In nearly every state, the rule is the same: you cannot have any open container of alcohol in the passenger area of the car. The passenger area is any part of the car where a passenger can legally ride—just because someone can ride in the trunk doesn’t mean it’s legal.

So what’s an open container? An open container is any container of alcohol with the seal broken. It doesn’t actually have to be open. If the container has been opened at all, it’s considered an open container, even if the lid is on it.

In most states, if the passenger has an open container, both the passenger and the driver can be charged with a crime.


Where Can Passengers Drink Alcohol in a Car?

One of the main reasons most states have similar laws regarding open containers inside vehicles is that these laws were required to be in compliance with a federal law that has since lapsed. To comply with the Transportation Equity Act of the 21st Century (TEA 21), state laws had to:

  • Prohibit possession of an open alcohol container and consumption of alcohol in a motor vehicle
  • Apply this to any area of the vehicle that is easily accessible to passengers while in their seats—including unlocked glove compartments
  • Apply this to open containers of beverages that are at least half a percent alcohol by volume
  • Apply this to all vehicles except those paid vehicles like taxis or limousines or living quarters like RVs
  • Apply this to any vehicle on a public road, including parked vehicles on the shoulder or public right-of-way
  • Consider the open container law a primary offense, meaning that you can be stopped if there’s probable cause that the open container law is being violated.

Though this law has now lapsed, most states adopted its requirements and have the same laws to this day. Not all states, however, treat open containers the same way.

States Where Open Containers Are Allowed

Forty-nine states and Washington, D.C. have laws about open containers or consumption of alcohol in a motor vehicle by the driver.

In Virginia, having an open container in the car creates a rebuttable legal presumption that the driver has been drinking. In other words, if you’re pulled over in Virginia with an open container in the car, the officer can assume you, the driver, were drinking. You can disprove or rebut the assumption with evidence to the contrary.

States Where Passengers Can Drink

Although drivers cannot, passengers can drink in the car without restriction in Connecticut, Delaware, Missouri, Tennessee, and Virginia. In Alaska, an open container is permitted “behind a solid partition that separates the vehicle driver from the area normally occupied by passengers,” so a passenger in that area can drink.

Things get a bit more complicated in Rhode Island, where the law states “no person shall operate a motor vehicle upon the public highways with any unsealed alcoholic beverage container within the passenger section of the vehicle.”

There’s no law, however, about consuming or having an open container if you are not operating the motor vehicle. In other words, Rhode Island will let you drink as the passenger of the car, but your open container means the driver is breaking the law and can be fined or have their license suspended.

The State Where Drivers Can Drink

If you’ve been counting, you’ll notice that there’s only one state left to account for. So what’s the only state in the country where you can have an open container, a passenger can drink, and a driver can drink?

It’s Mississippi.

As long as the driver remains under the legal limit of 0.08 Blood Alcohol Concentration (BAC), they are free to operate a vehicle in Mississippi without penalty.


Open Containers For Cannabis

According to the National Conference of State Legislatures, most states where cannabis is legal have laws similar to the majority of states alcohol laws. An open container is prohibited, and most states define an open container for cannabis the same way they do for alcoholic beverages. An open cannabis container is one that has had the seal broken.

In fact, some states like New Jersey and Vermont have simply amended their open container laws to include containers for alcohol or cannabis. In effect, the states that have legalized marijuana treat it the same as alcohol—if the manufacturer’s seal is broken, the item should be in the trunk or somewhere else “outside the passenger area.”

In Illinois, an open container is any container in the passenger section of the car that is not sealed, odor-proof and child-resistant.

Minnesota and Mississippi both consider the amount of cannabis that’s within the passenger area of the car. If it’s more than 1.4 grams in Minnesota or one gram in Mississippi, it’s a violation that can result in fines or jail.

Note that if cannabis is illegal in a state, then open containers of it are automatically illegal.


Common Open Container Law Exceptions

There aren’t very many exceptions to the laws about open containers. As we’ve seen, the most common one is the outside the passenger area exception. If the open container is in a part of the car that is inaccessible to passengers, it won’t get you in trouble.

Generally, this means the trunk. Some state laws specifically only allow open containers in an area outside the passenger’s and driver’s reach if the vehicle doesn’t actually have a trunk.

For example, if you and your passenger are in the front seats and an open container is way back in the far corner of the back seat, it’s still in the “passenger area.” If, however, your car doesn’t have a trunk, you may be able to avoid being cited.

The other common exception has to do with the type of vehicle. An open container in the living area of a motor home, for example, won’t lead to trouble even if there are passengers in that area. Similarly, if you’re driving a limo, party bus, taxi or other hired vehicle, you won’t be in trouble if your passengers have an open container.


Frequently Asked Questions (FAQs)

How serious is the penalty for passengers drinking?

Open container and passenger drinking laws vary by state, but are usually infractions or misdemeanors, usually punishable with a fine. A conviction for Driving Under the Influence (DUI), if the driver of the car has a BAC over the legal limit, is much more serious.

Is alcohol in a flask considered an open container?

Any container that does not have a manufacturer seal that is unbroken is considered an open container.

If a passenger is drinking, who gets the ticket?

Both the driver and the passenger may be ticketed, depending on state laws.